Law Reports Advance Notification
September 2019

Dear South African Law Reports and Criminal Law Reports subscriber 

 

Herewith the cases in the September 2019 law reports 

 

JUDGMENTS OF INTEREST IN THE SEPTEMBER 2019 EDITIONS OF THE SALR, SACR AND SEE ALSO, FURTHER BELOW, THE TABLE OF CASES FOR THE BOTSWANA LAW REPORTS 2017 (1). 

 

 
SOUTH AFRICAN LAW REPORTS
 
The state’s obligation to finalise restitution claims of persons disposed of their homes during apartheid
In this case, representatives of those dispossessed during the 1960s of their homes in District Six, Cape Town, successfully sued the state for an order declaring that the latter, in failing over the course of 20 years to finalise their claims for restitution, had violated the Constitution, as well as the Restitution of Land Rights Act 22 of 1994. District Six Committee and Others v Minister of Rural Development and Land Reform and Others 2019 (5) SA 164 (LCC)
 
The publication of defamatory statements on twitter
In this matter Mr Trevor Manuel successfully sued for damages against the political party, the Economic Freedom Fighters (the EFF), after the latter had published on twitter unsubstantiated allegations of corruption and nepotism. The court rejected the defence raised that the publication was reasonable even though the allegations were false, given that no attempt had been made by them to verify the statements, or to give Mr Manuel any opportunity to respond. Manuel v Economic Freedom Fighters and Others 2019 (5) SA 210 (GJ)
 
A private prosecution for the contravention by a company of environmental legislation
Here, an environmental advocacy group successfully instituted a private prosecution against a petroleum company for contravening various environmental legislation by beginning the construction of a number of filling stations without environmental authorisation. Uzani Environmental Advocacy CC v BP Southern Africa (Pty) Ltd 2019 (5) SA 275 (GP)
 
SOUTH AFRICAN CRIMINAL LAW REPORTS
 
Duty on police officer to disclose serious consequences of paying admission-of-guilt fine
The accused paid an admission-of-guilt fine of R100 after having spent a night in the police cells for possessing a small quantity of dagga, unaware that it would stand as a previous conviction. The reviewing judge held that there was a duty on a police officer to disclose to an accused the serious consequences of paying such a fine and set it aside. S v Matross 2019 (2) SACR 331 (WCC)
 
Challenge to constitutionality of s 18(2)(b) Riotous Assemblies Act 17 of 1956 in large part rejected
The leader of the EFF was charged under s 18(2)(b) Riotous Assemblies Act 17 of 1956 for inciting his followers to commit trespass by illegally occupying vacant land. The EFF (and the leader) subsequently challenged the constitutionality of the provision on the basis, inter alia, that it criminalised the exercise of free expression protected by s 16 of the Constitution. The court rejected this contention but did find that the provision in the section that an inciter was liable to punishment as if they had committed the crime, could not be said to be rationally connected to the purpose of crime prevention, and the section was to this limited extent unconstitutional. EFF v Minister of Justice 2019 (2) SACR 297 (GP)
 
Protection of dogs and cats in shelter on property in violation of zoning bylaw
The respondents ran a rescue shelter operating under the name of Kitty and Puppy Haven on a property in contravention of zoning bylaws, although an application had been submitted to have the property rezoned. The local authority sought an order for it to cease operations which, if granted, could result in the respondents having to euthanise approximately 200 animals. The court noting, inter alia, the need for the humane treatment of animals, postponed the order pending finalisation of the rezoning application. City of Johannesburg v Berger 2019 (2) SACR 319 (GJ)
 
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SOUTH AFRICAN LAW REPORTS
 
SEPTEMBER
 
TABLE OF CASES
 
• Airports Company South Africa v Big Five Duty Free (Pty) Ltd and Others 2019 (5) SA 1 (CC)
• Road Traffic Management Corporation v Waymark Infotech (Pty) Ltd 2019 (5) SA 29 (CC)
• Cook v Morrison and Another 2019 (5) SA 51 (SCA)
• Commissioner, South African Revenue Service v Danwet 202 (Pty) Ltd 2019 (5) SA 63 (SCA)
• Fundsatwork Umbrella Pension Fund v Guarnieri and Others 2019 (5) SA 68 (SCA)
• Johannesburg Society of Advocates v Edeling 2019 (5) SA 79 (SCA)
• Minister of Defence and Military Veterans and Others v Maswanganyi 2019 (5) SA 94 (SCA)
• National Credit Regulator v Southern African Fraud Prevention Services NPC 2019 (5) SA 103 (SCA)
• Ratlou v Man Financial Services SA (Pty) Ltd 2019 (5) SA 117 (SCA)
• Tadvest Industrial (Pty) Ltd v Hanekom and Others and a Similar Matter 2019 (5) SA 125 (SCA)
• Barloworld Logistics Africa (Pty) Ltd and Another v Ford and Others 2019 (5) SA 133 (GJ)
• Basson v Hugo and Others 2019 (5) SA 142 (GP)
• Benson and Another v Standard Bank of South Africa (Pty) Ltd and Others 2019 (5) SA 152 (GJ)
• Coral Island Body Corporate v Hoge 2019 (5) SA 158 (WCC)
• District Six Committee and Others v Minister of Rural Development and Land Reform and Others 2019 (5) SA 164 (LCC)
• Interactive Trading 115 CC and Another v South African Securitisation Programme and Others 2019 (5) SA 174 (LP)
• Investec Bank Ltd v Lambrechts NO and Others 2019 (5) SA 179 (WCC)
• Majola and Another v Country Cloud Trading 221 CC and Others 2019 (5) SA 195 (KZP)
• Manuel v Economic Freedom Fighters and Others 2019 (5) SA 210 (GJ)
• Mining and Environmental Justice Community Network of South Africa and Others v Minister of Environmental Affairs and Others 2019 (5) SA 231 (GP)
• Mineur v Baydunes Body Corporate and Others 2019 (5) SA 260 (WCC)
• Uzani Environmental Advocacy CC v BP Southern Africa (Pty) Ltd 2019 (5) SA 275 (GP)
• Wild & Marr (Pty) Ltd v Intratek Properties (Pty) Ltd 2019 (5) SA 310 (GJ)
• National Home Builders Registration Council v Adendorf and Others 2019 (5) SA 317 (SCA)
 
FLYNOTES
 
AIRPORTS COMPANY SOUTH AFRICA v BIG FIVE DUTY FREE (PTY) LTD AND OTHERS (CC)
CACHALIA AJ, DLODLO AJ, FRONEMAN J, GOLIATH AJ, JAFTA J, KHAMPEPE J, MADLANGA J, PETSE AJ and THERON J
2018 SEPTEMBER 27
[2018] ZACC 33
 
Court—Powers—To make settlement agreements orders of court—Settlement agreements purporting to set aside judgments in rem—When they can be made orders of court.
 
ROAD TRAFFIC MANAGEMENT CORPORATION v WAYMARK INFOTECH (PTY) LTD (CC)
BASSON AJ, CAMERON J, DLODLO AJ, FRONEMAN J, GOLIATH AJ, KHAMPEPE J, MHLANTLA J, PETSE AJ and THERON J
2019 APRIL 2
[2018] ZACC 12
 
Government procurement—Contract—Information technology services—Duration of three years—Whether contract was ‘transaction’ involving ‘future financial commitment’—Public Finance Management Act 1 of 1999, s 66(3)(c).
 
COOK v MORRISON AND ANOTHER (SCA)
LEWIS JA, LEACH JA, SALDULKER JA, MATHOPO JA and ROGERS AJA
2019 MARCH 8
[2019] ZASCA 8
 
Appeal—Leave to appeal—Refusal by Supreme Court of Appeal—Referral by President for reconsideration—Reconsideration to be considered by court constituted in terms of s 13(1) of Superior Courts Act, and not only two appeal judges who considered application in first instance—Superior Courts Act 10 of 2013, ss 13(1) and 17(2)(f).
Appeal—To Supreme Court of Appeal—Special leave to appeal—Application—Requirements—Existence of reasonable prospects of success, as well as special circumstances.
Prescription—Extinctive prescription—Debt—What constitutes—Obligation by contracting party to make restitution of money or property following cancellation for repudiation.
 
COMMISSIONER, SOUTH AFRICAN REVENUE SERVICE v DANWET 202 (PTY) LTD (SCA)
LEWIS JA, MAJIEDT JA, MBHA JA, DAVIS AJA and MOTHLE AJA
2018 MARCH 28
[2018] ZASCA 38
 
Income tax—Assessment to tax—Appeal—Against Commissioner’s refusal of condonation for late filing of appeal—Tax Court having jurisdiction to grant such condonation but subject to taxpayer first objecting against Commissioner’s refusal of condonation—Tax Administration Act 28 of 2011, ss 104(2), 104(3), 107(2) and 129.
 
FUNDSATWORK UMBRELLA PENSION FUND v GUARNIERI AND OTHERS (SCA)
CACHALIA JA, WALLIS JA, MBHA JA, MOCUMIE JA and EKSTEEN AJA
2019 MAY 31
[2019] ZASCA 78
 
Pension—Death benefits—Dependants—Time for determination of—Pension Funds Act 24 of 1956, s 37C(1)(a).
 
JOHANNESBURG SOCIETY OF ADVOCATES v EDELING (SCA)
PONNAN JA, WALLIS JA, SALDULKER JA, SCHIPPERS JA and EKSTEEN AJA
2019 MARCH 29
[2019] ZASCA 40
 
Advocate—Reinstatement—Application for—Correct approach by court—Court not having discretion to readmit or re-enrol advocate struck from roll—If applicant for reinstatement discharged onus of showing he/she fit and proper person, court obligated to reinstate—Whether onus discharged, question of fact—Where applicant struck from roll for serious dishonesty, genuine, complete and permanent reformation to be shown.
 
MINISTER OF DEFENCE AND MILITARY VETERANS AND OTHERS v MASWANGANYI (SCA)
NAVSA ADP, MAJIEDT JA, VAN DER MERWE JA, MOLEMELA JA and DAVIS AJA
2019 MAY 31
[2019] ZASCA 86
 
Defence force—Member—Service—Termination—Member sentenced to imprisonment without option of fine—Whether termination decision required to be made or termination following by operation of law—Defence Act 42 of 2002, s 59(1)(d).
 
NATIONAL CREDIT REGULATOR v SOUTHERN AFRICAN FRAUD PREVENTION SERVICES NPC (SCA)
WALLIS JA, SALDULKER JA, ZONDI JA, SCHIPPERS JA and EKSTEEN AJA
2019 JUNE 3
[2019] ZASCA 92
 
Credit agreement—Consumer credit agreement—Consumer credit records—Credit bureau—Information pertaining to fraud—Whether its retention regulated as category of ‘customer credit information’—National Credit Act 34 of 2005, s 70(2)(f); National Credit Regulations, 2006, reg 17.
 
RATLOU v MAN FINANCIAL SERVICES SA (PTY) LTD (SCA)
LEWIS ADP, SWAIN JA, DAMBUZA JA, CARELSE AJA and MATOJANE AJA
2019 APRIL 1
[2019] ZASCA 49
 
Credit agreement—Consumer credit agreement—Whether agreement subject to NCA—Settlement agreement—Parties entering into settlement agreement providing for deferred payment instalments and interest, where underlying agreements falling outside ambit of NCA—On purposive interpretation, Act not applying to such settlement agreements—National Credit Act 34 of 2005, s 8(4)(f).
 
TADVEST INDUSTRIAL (PTY) LTD v HANEKOM AND OTHERS AND A SIMILAR MATTER (SCA)
PONNAN JA, MAJIEDT JA, SWAIN JA, CARELSE AJA and MATOJANE AJA
2019 MARCH 25
[2019] ZASCA 19
 
Appeal—To Supreme Court of Appeal—Against decision of Land Claims Court sitting as appeal court—Special leave of Supreme Court of Appeal required—Land Claims Court not having jurisdiction to grant leave—Superior Courts Act 10 of 2013, s 16(1)(b) and (c); Restitution of Land Rights Act 22 of 1994, s 22(2)(a).
 
BARLOWORLD LOGISTICS AFRICA (PTY) LTD AND ANOTHER v FORD AND OTHERS (GJ)
VAN DER LINDE J
2019 MAY 29
 
Company—Accounts—Annual financial statements—Applicable accounting standards—‘Generally accepted accounting practice’—Vagueness of concept—Claim against company directors based on their alleged participation in accounting treatment that failed to conform to ‘generally accepted accounting practice’ excipiable for vagueness—Companies Act 61 of 1973, s 286(3).
Practice—Pleadings—Exception—On ground that vague and embarrassing—Involving twofold consideration, viz whether pleading lacking particularity to extent that it is vague, and whether vagueness causing embarrassment such that excipient prejudiced.
 
BASSON v HUGO AND OTHERS (GP)
POTTERILL J
2019 MARCH 27
 
Medicine—Medical practitioner—Disciplinary proceedings—Health Professions Council of South Africa—Recusal—Bias or appearance of bias—Non-disclosure of association with petition against practitioner—Member ordered to recuse himself.
Recusal—On grounds of bias or appearance of bias—Non-pecuniary interest in outcome of proceedings—Member of disciplinary tribunal for medical profession associated with petition to remove subject of proceedings from roll of practitioners—Member’s failure to disclose such association sufficient for reasonable apprehension of bias—Member ordered to recuse himself.
 
BENSON AND ANOTHER v STANDARD BANK OF SOUTH AFRICA (PTY) LTD AND OTHERS (GJ)
MAKHANYA J, TSOKA J and UNTERHALTER J
2019 FEBRUARY 21
 
Credit agreement—Consumer credit agreement—Debt enforcement—Preliminary procedures—Notice of default—Delivery—Failure to deliver notice prior to commencement of proceedings—Effect—Proceedings not rendered a nullity—Proceedings instead to be adjourned to permit credit provider to give notice before proceedings may be resumed—National Credit Act 34 of 2005, ss 129(1)(a) and 130.
Credit agreement—Consumer credit agreement—Debt enforcement—Preliminary procedures—Notice of default—Delivery—Failure to deliver notice prior to commencement of proceedings, but such failure cured by time of hearing—Effect—No need for adjournment of proceedings—National Credit Act 34 of 2005, ss 129(1)(a) and 130(4)(b)(ii).
 
CORAL ISLAND BODY CORPORATE v HOGE (WCC)
BINNS-WARD J
2019 MAY 23
 
Housing—Consumer protection—Community schemes ombud—Body corporate of sectional title scheme bringing simple matter before High Court with legal representation—Matter more appropriately brought before Community Schemes Ombud Service, without legal representation—Court declining to award body corporate its costs—Community Schemes Ombud Service Act 9 of 2011.
 
DISTRICT SIX COMMITTEE AND OTHERS v MINISTER OF RURAL DEVELOPMENT AND LAND REFORM AND OTHERS (LCC)
KOLLAPEN J
2019 MARCH 20
 
Land—Land reform—Restitution—Duty of state—Breach—Delay in implementation of restitution—Non-delivery of homes 20 years after submission of claims—Constituting violation of claimants’ rights and breach of state’s obligations.
 
INTERACTIVE TRADING 115 CC AND ANOTHER v SOUTH AFRICAN SECURITISATION PROGRAMME AND OTHERS (LP)
MANGENA AJ
2019 MARCH 29
 
Practice—Judgments and orders—Rescission—Of judgments erroneously sought and granted—Once established that defendants not properly served with summons, judgment granted in their absence may be set aside as erroneously granted—Uniform Rules of Court, rule 42(1).
Sheriff—Service—Duty to perform honestly and diligently—Not discharged where no effort made to find party to be served but instead affixing summons to gate of premises chosen as domicilium citandi et executandi, or by service on person ostensibly in control of such premises—Court ought to be able to rely on information contained in return as correct.
 
INVESTEC BANK LTD v LAMBRECHTS NO AND OTHERS (WCC)
ROGERS J
2014 NOVEMBER 27
 
Insolvency—Compulsory sequestration—Provisional sequestration—Discretion of court—Semble: Court may, where case for provisional sequestration marginal (marginal excess of liabilities over assets, modest benefit to creditors), exercise discretion against sequestration—Insolvency Act 24 of 1936, s 10(c).
Insolvency—Compulsorysequestration—Provisionalsequestration—Requirements—Advantage to creditors—Applicant sole secured creditor—Had mortgage bond over debtor’s only asset—Court addressing, obiter, bank’s arguments that sequestration ‘always urgent’, that creditor best judge of own interests, and that sequestration preferable to judicial execution—Insolvency Act 24 of 1936, s 10(c).
Insolvency—Compulsory sequestration—Provisional sequestration—Requirements—Actual insolvency—Proof—Market value, rather than forced-sale value, of debtor’s immovable property to be used to determine factual insolvency of debtor—Insolvency Act 24 of 1936, s 10(b).
 
MAJOLA AND ANOTHER v COUNTRY CLOUD TRADING 221 CC AND OTHERS (KZP)
MADONDO DJP, HADEBE J and MBATHA J
2019 APRIL 15
 
Constitutional law—Human rights—Right to property—Deprivation of property—Title deed condition allowing transferor to claim retransfer of land without compensation—Condition unconstitutional and unenforceable against innocent third party purchasers—Constitution, s 25(1).
Land—Transfer—Deeds Office—Powers of Registrar—Rectification of title deed—Cannot create right—Deeds Registries Act 47 of 1937, s 4(1)(b).
Land—Rights in—Registered title deed condition entitling transferor to claim retransfer of land without compensation—Unconstitutional and unenforceable against innocent third party purchasers—Constitution, s 25(1).
Land—Transfer—Registration of transfer—Condition containing reversionary clause—Transferor entitled to claim retransfer without compensation—Unconstitutional—On proper interpretation, creating personal obligation only—Constitution, s 25(1); Deeds Registries Act 47 of 1937, s 63.
 
MANUEL v ECONOMIC FREEDOM FIGHTERS AND OTHERS (GJ)
MATOJANE J
2019 MAY 30
 
Defamation—Damages—Assessment—Twitter posting—Allegations by political party (EFF) of corruption and nepotism against applicant, in capacity as head of panel tasked with interviewing candidates for position of commissioner of Sars—Conduct of EFF motivated by malice—No apology—Award of R500 000.
Defamation—Defences—Reasonable publication—Whether defence also available to private individuals.
Defamation—What amounts to—Twitter posting—Allegations by political party (EFF) of corruption and nepotism against applicant, in capacity as head of panel tasked with interviewing candidates for position of commissioner of Sars—Statement found to be defamatory.
 
MINING AND ENVIRONMENTAL JUSTICE COMMUNITY NETWORK OF SOUTH AFRICA AND OTHERS v MINISTER OF ENVIRONMENTAL AFFAIRS AND OTHERS (GP)
DAVIS J
2018 NOVEMBER 8
 
Environmental law—Protected areas—Prohibition on mining and prospecting activities in protected areas without ministerial consent—Nature of ministerial discretion—Minister’s duties to act in procedurally fair and transparent manner, and to take relevant considerations into account—National Environmental Management: Protected Areas Act 57 of 2003, ss 48(1)(b) and 48(4); Promotion of Administrative Justice Act 3 of 2000, s 6(2).
 
MINEUR v BAYDUNES BODY CORPORATE AND OTHERS (WCC)
CLOETE J
2019 MAY 24
 
Sectional title—Sectional plan—Section—Use of section for purpose other than that recorded on sectional plan—When consent of all owners required for such use—Sectional Titles Schemes Management Act 8 of 2011, s 13(1)(g).
 
UZANI ENVIRONMENTAL ADVOCACY CC v BP SOUTHERN AFRICA (PTY) LTD (GP)
SPILG J
2019 APRIL 1
 
Environmental law—Environmental legislation—Enforcement—Private prosecution—Whether permissible after application made for rectification of unlawful commencement or continuation of listed activities—National Environmental Management Act 107 of 1998, ss 24G and 33.
Environmental law—Environmental legislation—Enforcement—Private prosecution—Requirements for instituting—Consultation between applicant and national prosecuting authority—What constitutes ‘consultation’—National Environmental Management Act 107 of 1998, s 33; Criminal Procedure Act 51 of 1977, s 8(2).
Environmental law—Environmental legislation—Enforcement—Rectification of unlawful commencement or continuation of listed activity—Effect of application for rectification on private prosecution for unlawful commencement of listed activity—Status of rectification report—National Environmental Management Act 107 of 1998, s 24G.
 
WILD & MARR (PTY) LTD v INTRATEK PROPERTIES (PTY) LTD (GJ)
SUTHERLAND J
2019 MAY 20
 
Company—Winding-up—Jurisdiction of court—Proposition that service of winding-up application can take place only at registered address of company not applying in Gauteng Division—May also take place at principal place of business—Dual-jurisdiction regime provided for in s 12(1) of the (old) Companies Act 61 of 1973 still standing in Gauteng Division.
 
NATIONAL HOME BUILDERS REGISTRATION COUNCIL v ADENDORF AND OTHERS (SCA)
SALDULKER JA, LEACH JA, MBHA JA, DLODLO AJA and EKSTEEN AJA
2019 MARCH 26
 
Housing—Consumer protection—Unregistered builder—Trust carrying on business of home building—Whether to be regarded as ‘a person’ requiring to be registered as home builder—Housing Consumers Protection Measures Act 95 of 1998, s 10(1).
Trust and trustee—Trust—Nature of—Whether trust carrying on business of home building to be regarded as ‘a person’ requiring to be registered as home builder—Housing Consumers Protection Measures Act 95 of 1998, s 10(1).
 
SOUTH AFRICAN CRIMINAL LAW REPORTS
 
SEPTEMBER 2019
 
TABLE OF CASES
 
S v Ndou 2019 (2) SACR 243 (SCA)
• Rodrigues v National Director of Public Prosecutions and Others 2019 (2) SACR 251 (GJ)
• Wilkinson and Another v National Director of Public Prosecutions and Others 2019 (2) SACR 278 (GP)
• Economic Freedom Fighters and Another v Minister of Justice and Constitutional Development and Another 2019 (2) SACR 297 (GP)
• City of Johannesburg v Berger and Another 2019 (2) SACR 319 (GJ)
• S v Matross 2019 (2) SACR 331 (WCC)
• S v Karan 2019 (2) SACR 334 (WCC)
• S v Matanzima and Another 2019 (2) SACR 342 (WCC)
• S v Skepe 2019 (2) SACR 349 (ECP)
 
FLYNOTES
 
S v NDOU (SCA)
LEACH JA, SALDULKER JA, ZONDI JA, MOCUMIE JA and EKSTEEN AJA
2019 MAY 20, 31
[2019] ZASCA 85
 
Appeal—By Director of Public Prosecutions or other prosecutor against acquittal—State not cross-appealing but merely requesting appeal court to reverse acquittal—High Court not entitled, either at own instance or that of state, to set aside acquittal and substitute conviction in its stead.
Assault—With intent to do grievous bodily harm—Sentence—Conviction changed on appeal from attempted murder to assault with intent to do grievous bodily harm—Reduction in severity of crime ought to be reflected in sentence—Trial court erred in imposing sentence of 10 years’ imprisonment on count of attempted murder on assumption that provisions of Criminal Law Amendment Act 105 of 1997 prescribed such sentence—At best was one envisaged in part IV of sch 2 to Act which carried prescribed minimum sentence of 5 years’ imprisonment.
 
RODRIGUES v NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS AND OTHERS (GJ)
KOLLAPEN J, MOSHIDI J and OPPERMAN J
2019 MARCH 28, 29; JUNE 3
 
Fundamental rights—Trial within reasonable time—Application for permanent stay of prosecution—Lengthy delay in commencing prosecution of apartheid-era crime by security police—Death in custody of prominent political activist—Examination of period of 47 years involved requiring nuance and context, and large periods of delay had to be excluded.
Fundamental rights—Trial within reasonable time—Application for permanent stay of prosecution—Lengthy delay in commencing prosecution of apartheid-era crime by security police—Death in custody of prominent political activist—Trial-related prejudice—Poor memory constituting neutral factor as applied both to state, which bore onus, and accused—Accused on bail and legal expenses being covered by state—Application for permanent stay refused.
 
Fundamental rights—Trial within reasonable time—Application for permanent stay of prosecution—Lengthy delay in commencing prosecution of apartheid-era crime by security police—Death in custody of prominent political activist—Interests of justice; societal need to ensure accountability for commission of serious crime; and nature of crime located in its historical context, all militating against grant of relief sought.
 
WILKINSON AND ANOTHER v NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS AND OTHERS (GP)
MOLEFE J
2019 JUNE 5
 
Indictment and charge—Objection to charge—Proper forum for ventilating objection is court sitting in trial—Removal of criminal proceedings to civil courts deprecated—Criminal Procedure Act 51 of 1977, s 85. Environmental offences—Rhino horn—Evidence—Reverse-onus provisions in various provincial ordinances—Obiter: reverse-onus provisions in question reasonable, proportionate and justified under s 36 of Constitution.
 
ECONOMIC FREEDOM FIGHTERS AND ANOTHER v MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT AND ANOTHER (GP)
LEDWABA DJP, PRETORIUS J and MOLEFE J
2019 JULY 4
 
General principles of liability—Incitement—What constitutes—Mere voicing of one’s opinion not sufficient and clear intention to influence mind of another to commit crime had to be present—Riotous Assemblies Act 17 of 1956, s 18(2)(b).
IncitementSee General principles of liability—Incitement.
General principles of liability—Incitement—What constitutes—Interrelationship with s 16 of Constitution—Limitation of right to freedom of expression—Limitation bore rational connection to purpose of timely law enforcement and prevention of commission of crimes en masse—Riotous Assemblies Act 17 of 1956, s 18(2)(b).
General principles of liability—Incitement—Sentence—Provision in s 18(2)(b) of Riotous Assemblies Act 17 of 1956, that inciter punishable as if had committed crime in question, not rationally connected to purpose of crime prevention, and to this limited extent unconstitutional.
 
CITY OF JOHANNESBURG v BERGER AND ANOTHER (GJ)
SPILG J
2011 JULY 26; AUGUST 31
 
Animal—Protection of—Domestic animals—Dogs and cats being kept on property in contravention of zoning bylaws and local authority seeking order for charitable organisation to cease operations on site—Grant of order might involve putting down some of 200 animals housed at site—Court embarking on weighing-up exercise and holding that order could be postponed pending finalisation of rezoning application.
 
S v MATROSS (WCC)
HENNEY J and FRANCIS AJ
2019 JUNE 13
 
Admission of guilt—Payment of—Duty on police officer to disclose serious consequences of paying admission-of-guilt fine—Criminal Procedure Act 51 of 1977, s 56(1)(d).
 
S v KARAN (WCC)
ERASMUS J and DAVIS AJ
2019 MARCH 26
 
Admission of guilt—Setting of by prosecutor—No magisterial determination for district in respect of particular offence—Magistrate of view that fine inadequate and setting aside conviction and sentence—Prosecutor disputing magistrate’s entitlement to do so—Prosecutor’s decision to fix admission-of-guilt fine reviewable by magistrate in terms of s 57(7) read with s 57(4) of Criminal Procedure Act 51 of 1977.
 
S v MATANZIMA AND ANOTHER (WC)
DAVIS J, STEYN J and NUKU J
2019 JANUARY 28; FEBRUARY 8
 
Evidence—Confession—Admissibility of—Trial-within-a-trial—Ruling at end of trial-within-a-trial—Provisional ruling—Clear from record that court made provisional ruling and that placed accused on his defence.
 
S v SKEPE (ECP)
MALUSI J
2019 JANUARY 29; FEBRUARY 1, 4
 
Rape—Proof of—Cautionary rule—Single and child witness—Complainant was 7 years old when called to testify and did not have mental capacity to give evidence in court—Court having to rely on hearsay evidence—Fact of rape established, but insufficient evidence as to identity of perpetrator—Court questioning why state had not gathered other circumstantial evidence—Accused acquitted.
 
THE BOTSWANA LAW REPORTS
 
2017 (1)
 
TABLE OF CASES
 
• Anzsar and Others v Mechanised Farming (Pty) Ltd [2017] 1 BLR 15 (CA)
• Attorney-General v Nchile [2017] 1 BLR 75 (CA)
• Attorney-General v Rammoge and Others [2017] 1 BLR 494 (CA)
• Autotronics (Pty) Ltd and Another v Aon Botswana; In re: Aon Botswana v Autotronics and Others [2017] 1 BLR 265 (HC)
• Bakae v The State [2017] 1 BLR 487 (CA)
• Bosekeng v Botswana Postal Services and Others [2017] 1 BLR 109 (CA)
• Botusafe Investments (Pty) Ltd v Ministry of Finance and Economic Development and Others [2017] 1 BLR 197 (HC)
• Bulang v Taurus Batteries [2017] 1 BLR 449 (IC)
Chalegwa v The State [2017] 1 BLR 38 (CA)
• Commissioner General, Botswana Unified Revenue Service, Knight Frank Botswana (Pty) Ltd v; Commissioner General, Botswana Unified Revenue Service v Supreme Furnishers (Pty) Ltd [2017] 1 BLR 84 (CA)
• Daewoo Engineering and Construction v Lead Master Holdings (Pty) Ltd; In re: Lead Masterholdings (Pty) Ltd v Daewoo Engineering and Construction [2017] 1 BLR 410 (HC)
• Director of Public Prosecutions v Khato Civils Botswana (Pty) Ltd and Others [2017] 1 BLR 290 (HC)
• Ditsholo v The State [2017] 1 BLR 81 (CA)
• Enosyst Associates (Pty) Ltd t/a Enosyst Consulting and Another v Nthomang [2017] 1 BLR 305 (HC)
• Fanikiso v Attorney-General [2017] 1 BLR 363 (HC)
• Fencit (Pty) Ltd t/a Adansonia Hotel v Botswana Power Corporation [2017] 1 BLR 466 (HC)
• Friis v Okavango Fishing Safaris (Pty) Ltd [2017] 1 BLR 154 (CA)
• Furnmart (Pty) Ltd t/a Home Corp v Teisi [2017] 1 BLR 27 (CA)
• Gritty Holdings (Pty) Ltd v Mbish and Others [2017] 1 BLR 144 (CA)
• Hirsi v Attorney-General [2017] 1 BLR 425 (HC)
• Josh v Kumah [2017] 1 BLR 490 (HC)
• Kamanga v Hollard Insurance Botswana (Pty) Ltd [2017] 1 BLR 359 (HC)
• Kgositau v Majage [2017] 1 BLR 31 (CA)
• Knight Frank Botswana (Pty) Ltd v Commissioner General, Botswana Unified Revenue Service; Commissioner General, Botswana Unified Revenue Service v Supreme Furnishers (Pty) Ltd [2017] 1 BLR 84 (CA)
• Kweneng Land Board v Ditlhong [2017] 1 BLR 261 (HC)
• Law Society of Botswana and Another v Sebego [2017] 1 BLR 118 (CA)
• Law Society of Botswana v Dingake and Others [2017] 1 BLR 8 (CA)
• Leduledi v Mosetlhe [2017] 1 BLR 444 (HC)
• Lepale v Tshwaedi and Another [2017] 1 BLR 345 (CA)
• Magogodi v Directorate of Public Prosecutions [2017] 1 BLR 253 (HC)
• Makgetla v The State [2017] 1 BLR 474 (CA)
• Mapini v Commissioner of Police and Another [2017] 1 BLR 17 (CA)
• Marathe v Letshego Financial Services [2017] 1 BLR 483 (CA)
• Masego and Another v The State [2017] 1 BLR 421 (HC)
• Masire v Seropela and Another [2017] 1 BLR 432 (HC)
• Ministry of Finance and Development Planning and Another v Varsha Enterprises (Pty) Ltd and Another [2017] 1 BLR 34 (CA)
• Mire and Another v Attorney-General [2017] 1 BLR 427 (HC)
• Mmatli v AEL Botswana (Pty) Ltd [2017] 1 BLR 348 (CA)
• Mmolawa and Others v Attorney-General; Alberts v Attorney-General [2017] 1 BLR 281 (HC)
• Modimo v Law Society of Botswana and Others [2017] 1 BLR 571 (CA)
• Modise v Africrete RMC [2017] 1 BLR 462 (IC)
• Modukanele v Attorney-General [2017] 1 BLR 354 (CA)
• Mokoka's Transport and Plant Hire (Pty) Ltd v Thebe and Others [2017] 1 BLR 161 (CA)
• Mologasele and Another v The State [2017] 1 BLR 45 (CA)
• Molosiwa and Another v Directorate of Public Prosecutions [2017] 1 BLR 418 (HC)
• Morolong v Ministry of Labour and Home Affairs and Another [2017] 1 BLR 478 (IC)
• Mosojane and Another v Mulale [2017] 1 BLR 166 (CA)
• Motimedi v Directorate of Public Prosecutions and Another [2017] 1 BLR 55 (CA)
• Motor Centre (Botswana) (Pty) Ltd v Commissioner General, Botswana Unified Revenue • Service [2017] 1 BLR 181 (CA)
• Mukanga and Another v Attorney-General [2017] 1 BLR 383 (HC)
• Ngaka (nee Bakane) v Parafene [2017] 1 BLR 300 (HC)
• Nkarabang v Warburton [2017] 1 BLR 338 (HC)
• O'Connell v Faheem Investments (Pty) Ltd and Another [2017] 1 BLR 53 (CA)
• Onneng and Another v The State [2017] 1 BLR 147 (CA)
• Rabbit Group (Pty) Ltd v Competition Authority [2017] 1 BLR 98 (CA)
• Ramaloko v Ramankane and Others [2017] 1 BLR 208 (HC)
• Ramogaladi v The State [2017] 1 BLR 22 (CA)
• Ramolatlhwa v Ramolatlhwa [2017] 1 BLR 1 (CA)
• Rankoto v Truck Hire [2017] 1 BLR 457 (IC)
• Scania Finance Southern Africa (Pty) Ltd v P C J Motors (Pty) Ltd and Others [2017] 1 BLR 225 (HC)
• Sebeo v Attorney-General [2017] 1 BLR 190 (CA)
• Sebonge v Tati Land Board and Another [2017] 1 BLR 277 (HC)
• Seipone v Attorney-General and Another [2017] 1 BLR 65 (CA)
• Selete Construction (Pty) Ltd and Another v AML Agriculture Consulting (Pty) Ltd [2017] 1 BLR 351 (CA)
• Setlhare v Botswana Medical Aid [2017] 1 BLR 521 (CA)
• Solomon v Central District Council [2017] 1 BLR 274 (IC)
• State v Azevedo [2017] 1 BLR 334 (HC)
• State v Masoko [2017] 1 BLR 531 (CA)
• State v Simon [2017] 1 BLR 217 (HC)
• Taukobong v Mokgosi [2017] 1 BLR 380 (HC)
• Thebeyame v The State [2017] 1 BLR 453 (CA)
• Thipe v Dingongorego and Another [2017] 1 BLR 213 (HC)
• TKM Engineering (Pty) Ltd v Landmark Projects (Pty) Ltd and Others [2017] 1 BLR 388 (HC)
• Tsodilo Services (Pty) Ltd t/a Sunday Standard and Others v Matambo; In re: Tsodilo Services (Pty) Ltd t/a Sunday Standard and Others v Matambo [2017] 1 BLR 42 (CA)
• University of Botswana v Matlhagela and Others [2017] 1 BLR 373 (IC)
• Van Vuuren v Thomson [2017] 1 BLR 257 (HC)
• Zac Construction (Pty) Ltd v Public Procurement and Asset Disposal Board and Another [2017] 1 BLR 132 (CA)

Juta and Company (Pty) Ltd

21 Dreyer Street, Claremont, Cape Town, 7708

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